days. instead he will be put through the criminal justice system. that is the latest from the white house. >> jon: there is a federal death penalty in a case like this. there isn't in massachusetts. thank you for joining us. america live starts right now. >> fox news alert we have just learned that the senate intelligence committee will convene a hearing possibly as soon as tomorrow what the f.b.i. knew about the suspects in the boston marathon bombing. one brother's possible ties to al-qaeda linked terror group. i'm megyn kelly. >> megyn: senator dianne feinstein telling fox news there are three main questions lawmakers want answered. when did russia raise the red flag on tamerian tsarnaev. what did he do over in russia for six months? what did the f.b.i. do about it? we are learning that federal

charges could come as early as today against the surviving suspect dzhokar tsarnaev. they are questioning the 19-year-old in his hospital bed. we can't confirm that. the reports are he is responding substantively via writing because they said he had shot himself in the head and mismisfiring and cannot speak. and older brother's wife, katherine russell she converted to islam at the request of her husband and could potentially be a treasure trove of information on this man. our chief correspondent catherine herridge joins us. >> reporter: that's right. investigators are focusing on tamerian tsarnaev trip to russia and whether he had contact with other suspected terrorists. republican briefed by an

assistant director the bureau believed the brothers had outside help. >> the f.b.i. and the c.i.a. and every intelligence agency we have is scrambling to figure out what is coming next. who were they associated with? with these two guys lone wolves. it's cleared they were tied to international terrorist groups in chechnya. are they tied to al-qaeda? we don't know yet. >> they sent a letter to the bureau in 2011 claiming the older brother was believer in radical islam. the f.b.i. according to senator graham was aware of his trip in 2012 he traveled under an alias. sprait separately there is an islamic group that has been responsible for attacks on moscow airport. in response the group issued a statement they did not know the brothers and disagreement with russia and not america. they have been calling for the

younger brother to be dealt with as a consequence as an enemy combatant or enemy belligerent which would involve delaying his miranda rights. >> you don't want to turn over intelligence gathering over to a criminal attorney. under the law, there is no right to legal counsel when you are egg being questioned for national security purposes. i hope the obama administration will allow us that and they have a bad track record. >> and this is not the course the administration will take. they will take reading him his rights after national security exception has run out and prosecuting him in a federal court as well. >> molly: thank you. >> megyn: more breaking news. news reporting that federal charges have now been filed

against the surviving suspect. though they are reportedly being filed under seal. that means we don't get to see them. they will have to let it's know what the charges are but perhaps not all the supporting information. in a case of this magnitude there is no way they are going to keep the charges private and not public. in other words, what exactly has he been charged with? a terrorist act, using weapons of mass destruction? these were all on the potential list of charges. so we'll try to get more on what they plan to release to the general public in terms of what they say this man on your screen is actually guilty of according to our federal prosecutors. also, new reaction from the white house about the bombing investigation and specifically whether the f.b.i. dropped the ball by clearing these two, in particular the older brother after they got a tip to check out the older brother with ties to extremists. here is jay carney.

>> the f.b.i. has spoken about this and put out a statement. it is clear that the f.b.i. followed up on the information that it received about tamerian tsarnaev, the older brother, they investigated it thoroughly and did not find terrorist activity. as for president the you heard him say on friday and i think it merits repeating that -- i don't have it hear, but he called for answers to a number of questions. >> megyn: they didn't find terrorist activity. they didn't find reason to be concerned to investigate the older brother. that still doesn't answer the question, why, why didn't the guy at the boston f.b.i. bureau who investigated tamerian tsarnaev two years ago, and according to the they interviewed a year ago, why didn't the f.b.i.e

saw that boston had been bombed raise a red flag, i interviewed this guy? then take pictures of the guy that did the bombing, boston bureau, why didn't he say that looks like the guy we were interviewing? we don't have answers to those questions. we're not trying to throw the f.b.i. under the bus, but a secure america means an open and honest america and what could have been done better. right now, no one is providing answers to those questions. we're going to have a fair and balanced debate on that and whether f.b.i. owes us a more thorough accounting and whether this undergoes ohs us a more thorough accounting and what dle the did when they saw boston was under attack. new questions today about tamerian tsarnaev's widow, an american and what she may have known about the suspect's deadly

bomb plot. the feds looking to interview her that converted to islam. trace gallagher has more on her. >> the authorities have been out to the parents out where the wife was saying they have not talked to her yet. you make a good point, regardless of what she knew about the actual bombing itself, she tends to be a key witness because of her plox immaterial to both brothers. her name is katherine russell, she is now 24 years old. he married tamerian tsarnaev at the age of 21. they have a three-year-old daughter. she grew up in rhode island. she was known as katie the oldest of three daughters. her father is emergency room doctor. her dream was to attend college and join the peace corps. when she met tamerian tsarnaev, she dropped out of college. she was totally transformed by

tamerian tsarnaev or as one of her friends said, brainwashed by her super religious husband. even after he assaulted her a few years ago. they are focusing exactly what she knew about her husband's movements including that extend trip that katherine talked about to russia. rather run russell staying with the parents in rhode island. the family issued a statement in the aftermath of the patriot's day horror we know we really never knew tamerian tsarnaev. our hearts are sickened by the horrors he inflicted. neighbors say the katherine doesn't visit the parents very often. >> i haven't seen the daughter in a long time. it's probably been a year or two years. i've seen the baby, a toddler age couple times just playing in the yard and things like that. >> reporter: again, the authorities have been out to the parents' house.

there is no time line on exactly when they intend to talk with the wife. >> megyn: trace, thanks. defense was supposed to begin arguments in the murder trial of abortion provider kermit daznel. he is charged with the death of 7 babies. they released a documentary regarding the clinic. shannon bream has an update. >> as the trial continues. new arely released documentary on what was happening at the abortion clinic is shedding new light on conditions there. in the film, former patient details her own horrific experience. >> i came in and they finally called my name. i went upstairs.

i saw women that looked half dead. there was blood all over the floor. i kept going. >> reporter: clark says once a heart monitor was pout the stomach, she tried to back out. she alleges that he berated her and tied down and drugged she was no longer pregnant. neighbors in the area report seeing patients heavily medicated and unable to stand or walk on their own. along with 8 murder charges, he is accused of allowing untrained and unlicensed personnel to perform tasks like perform medical procedures. the defense attorney who called in sick today, says the babies he is accused of killing were not born alive live.

despite other reports. in the documentary one of prosecutors in pennsylvania there is more oversight of nail salons like a clinic like his. where numerous complaints have been filed with the state health department that apparently went uninvestigated. >> megyn: we are hearing concerns from the aclu which is very upset boo about the questioning the surviving terror suspect without a lawyer present. this is naturalized american citizen and the aclu this sets a precedent facing possible terror charges. they join us live right after this break about why they think this issue could cause problems when it comes to the trial of this suspect a shocker out of hollywood, america's sweetheart arrested for going off on police. trace gallagher reports on what

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>>. >> megyn: breaking news from the white house where jay carney just notified that dzhokar tsarnaev will be tried in the civilian courts and not as an enemy combatant. we'll get into why that was clarified by the white house. 19-year-old dzhokar tsarnaev remains hospitalized was intentionally not read his so-called miranda rights after his arrest because of a rare exception that allows investigators to question a suspect in the event of imminent public safety threat without giving his miranda warnings. joining me is mike griman and senior policy counsel.

there is a few questions here. should dzhokar tsarnaev be read his rights and when and when he is tried where should he be tried? i want to clarify as we have been reporting all along. senator graham did not want this guy tried in military commission and wanted him tried in federal court that would require any american that would be tried. it's about his questions about his rights. senator graham don't mir andize him and don't do it after 48 hours. designate him an enemy combatant. that will give us 30 plus days and do a thorough intel investigation and then we'll proceed from there. your reaction to that point of view? >> well, it's unnecessary and engaging in activities that could be determined to be unconstitutional or actually

make it more difficult to use that evidence in court. i think it's the appropriate method to use the criminal justice system which has proven more effective than any other system has come up with both in producing a fair result and in protecting the rights of the defendant at the same time in obtaining convictions when there is evidence beyond a reasonable doubt. i think this is clear example of how powerful our system is and how protecting constitutionality values makes us stronger overall. >> megyn: what about the delayed miranda rights being read to this suspect. a lot of the folks have looked at this and said the f.b.i. has videotape of him placing a bomb next to an eight-year-old boy and he maimed countless number of people and he killed three people at least. they say, yeah, i don't care if he is read his miranda rights right away, let's use the safety exception and exploit it for all

you can? >> this is heinous crime. when you defend your values is when it is difficult. that is why it is very important as we move forward to keep that in mind. we don't want to change who we are. as far as the miranda exception that allows the public safety, where they are questioning him about whether there are other bombs or other conspirators that will do harm, dangerous materials laying about, that is entirely appropriate within a limited amount of time. we don't want that boundary pressed you are misusing it in a way that will make the prosecution more difficult. >> megyn: why is that? the "new york times" had an editorial that seemed to be expressing concern about the safety exception to miranda. look, this administration seems to have in the past expanded it, even when threats are not

considered imminent. they don't like that. they think that is sort of getting dangerously close to stepping on constitutional rights of american citizens even those accused of terrorist acts. >> any time you push against the boundaries there is a chance that a court will view it inappropriate and unconstitutional. it's really unnecessary. there is exception to ask the public safety question. in a 16 year career i was in the f.b.i. miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct

investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >> megyn: how do you make him talk and he has lawyer saying,

i'm telling you, mr. tsarnaev is not answering questions? >> there are other investigative methods. they have all sorts of electronic footprints. >> megyn: but why limit ourselves? i'm just giving you the argument. they say, why limit ourselves when you are talking about something we may believe may be a terrorist? >> because we also have to protect american values and our constitution. that is america's strength. when we do things fairly and appropriately under the law it works better overall not just in the immediate case but long term. one of the things we want to do is convince the world, no, we are strong enough to stick to our values, to follow the law and still obtain justice in the end. >> megyn: mike, thanks so much for your insights. president warns against rush

to judgment we're hearing reports that the administration is suggesting that no outside groups had any influence on these two. we'll look at the evidence on that. really, is it too soon to be saying this? [ male announcer ] this is kevin.

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>>. >> megyn: look at that tape. look at that. denver police are looking for

suspects in a pot party shooting. gunshots ring out. two people were hit but are expected to survive. the event celebrated the counterculture holiday known as 4-20 as well as colorado's recent legalization of marijuana for recreational use. police have spoken about efforts to increase security in light of the boston terror attacks. investigators are using video from the scene to determine who fired those shots. you can see panic. can you imagine one week -- put aside moment for their cause. these are american citizens out there who get quite a square. one week after the boston marathon bombings. more on that as we get it. hollywood ang treasury known as america's sweetheart. reese witherspoon with a mugshot

of her own. this one looking down. this after her husband was arrested on suspicion of drunk driving and did she get involved with the officer. trace gallagher with more. i thought in my experience, whenever i sit for a mugshot -- they make you look right at the camera. >> reporter: she was tech go probably. they noticed a car swerving in and out of the lane. they pulled them over. and his eyes was droopy and bloodshot. they give him a field so l sobriety test. she was told to stay in the car. the trooper said she would be arrested if she didn't stay in the car so she hung out the window. i told her to sit on her butt

and be quiet. that is when witherspoon got out of the car and the officers, i'm quoting here, she stated she was a u.s. citizen and she was aloud to stand on american ground. he arrested her right there, as well. that is when the trooper says she looked at him said, do you know my name? you are about to find out who i am. you are about to be on national news. she was right about that part. now, she is a little embarrassed and she has released another statement, i clearly had one drink too many. i am deeply embarrassed about the things i said. i was definitely a scary situation. i was frightened for my husband but no excuse. i was disrespectful to the officer. the words i ice that had night do not reflect who i am. i have nothing respect for the police and i am very sorry for my behavior. turns out reese only ended up

for a few hours and she is back in new york city. >> megyn: these hollywood types they have a lot of experience to figure out what their best angle was. a little left side of your face is down and a little side profile. she is like i nailed it. [ laughter ] >> reporter: she did nail it. >> megyn: by the way, you know what they say, i firmly believe the left side of my face is the better side. they say as a fact, it is the better side not just for me but for all of us. everyone out there your left side is your better side. >> reporter: really. give me more. >> megyn: it's clear. that is nice. go left. [ laughter ] >> megyn: when i co-anchor with hemmer, you need to be over here so i can -- you know. [ laughter ] >> reporter: he is good looking

too. >> megyn: trace, thank you. >> you are looking at yourself right now. you look yourself in the mirror and you tweet me at megyn kelly about whether i am wrong. coming up, back to more serious matters, investigation of the boston bombings deepens, whether tamerian may have brainwashed his american wife and possibly his younger brother. dr. keith ablow is here in how it could possibly work. it's surprising an american wife and three-year-old daughter. and rush to judgment we're hearing reports that the administration is suggesting no outside groups this any influence on the brothers. how do they know that so quickly?

>> that is request why we have investigations. that is why we relentlessly gather the facts and that is why we have courts. that is why we take care not to rush to judgment. tony used priceline to book this 4 star hotel. tell 'em why. free breakfast with express deals, you can save big and find a hotel with free breakfast without bidding. don't you just love those little cereal boxes? priceline savings without the bidding. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com

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>>. when a tragedy like this happens with public safety at risk and the stakes so high, it's important that we do this right. that is why we have

investigations. that is why we relentlessly gather the facts. that is why we have courts. that is why we take care not to rush to judgment. it's not about the motivations of these individuals and certainly not about entire groups of people. >> megyn: that was president obama on friday night cautioning against a rush to judgment. after america first learned the details of who the boston bombing suspects were, where they were from and who may have influenced them. despite reporting the elder of two suspects traveled overseas and met with an al-qaeda linked group we are being told that the justice department, a source within the justice department is suggesting no outside groups had any influence on this attack. how can they be saying that to him. brad blakeman assistant to

former president bush. in a report filed by steve hayes by the weekly standard he goes through these questions. he cites a daily beast report that talks about how one intel official regularly briefed on the investigation is saying that they have all but ruled out al-qaeda central or one of its affiliates to give direct instructions for this attack. that may be true, but already some are asking how could we know that so early in this investigation? >> it contradicts what the president said. if in fact that is not known, administration has to push back. there is a deficit of trust with this president, his administration in light of benghazi. american people are very suspect what we're told, especially now when there is a contradiction. if the justice department is wrong or right, that has to be determined by the administration

immediately because either he was or he wasn't or yet to be determined. one thing is for sure -- now there is a contradiction between the executive branch that must be dealt with. >> megyn: you know, simon, it's newsweek, daily beast citing one intel official. steve hayes goes on to say, according to officials that spoke to weekly standard, both comments reflect the obama officials who were involved with the investigation. this is not an al-qaeda central inspired or instructed attack. you know why people are going to look into this. the president's critics feel he is too quick to dismiss terrorist inspiration from outside the country in attacks we've seen attempted here. well, think what the administration has said as opposed to scary with us yus people that work in the administration, white house says

no rush to judgment. let the facts dictate where we're going to go. no one is going to dispute that the older brother was inspired by jihadist style videos and preachers. we'll find out more what happened when he was in russia. if you look at the conflicting reports, the administration is clear they really want to know what happened in russia. they feel this is critical part of coming to an understanding about whether or not these guys are trained over there. whether they received instructions. i think in balance, just like what happened in the previous incident about the benghazi stuff, there is conflicting reports. there came a point of view but we're not there yet. >> megyn: the report goes on to talk about prior incidents simon just mentioned. he thinks benghazi, that the president and administration were trying to downplay an al-qaeda link which he

criticizes. he talks about the christmas day bomber, saying obama suggested the attack was the woke of an isolated extremist, then it turned out he worked with al-qaeda. times square bomber was one-off attack but later attorney general, holder said they helped facilitate it. hayes is saying there is a pattern here of down playing extremists? >> there is. this president doesn't like the narrative of these attacks being terrorist based. american people knew what this was after benghazi. they knew what they saw acted out live on television with the attacks on n boston. birds of a feather tend to fly together. we know they probably didn't act out on their alone. f.b.i. has explaining to do.

they interviewed this guy and no follow up when he went back to russia. there was no follow-up when he came back and no follow up by the agent who saw the pictures, the interviewer -- why didn't he come forward? >> megyn: we assume he did. usually the f.b.i. does these interviews in tandem. >> that's right. that is exactly right. why haven't we known as the public that the f.b.i. was on the ball and the f.b.i. a little that investigated the brother in question, the brother, he immediately came forth and acted. we don't know whether that happened. >> megyn: we're going to turn the page to that in about an hour. while we're on the topic, can you speak to that? it doesn't strike to me a republican versus democrat issue it's not about the president, it's about the f.b.i. with all due respect to the f.b.i. and good work they do

every day, god bless them, did they drop the ball and should this administration be coming out with a full explanation who looked into those two guys? why weren't they deemed a threat? if we get passed that, if it was two f.b.i. a little that interviewed them? where are the agents now? why didn't they come forward on monday night last week and say, we talked to a guy -- even if that didn't trigger their memory and now they are looking at pictures and asking the three of us and all our viewers who the two are? didn't the two f.b.i. agents that sat down with them know? >> i think the f.b.i. has a lot of explanation to do. think we'll know it in the next couple of weeks. this was an ongoing criminal investigation. i think they were trying to keep things quiet. we'll find out. i will say that one thing that

worked here, pieces of system that didn't work. remember immigration denied citizenship to the older brother because of their concerns. let me make your situation worse. not only did the f.b.i. not get him in 2011, but when applied to citizenship he was denied --. >> molly: i hadn't heard that. >> it was 2012 i think he applied. citizenship, denied him citizenship. clearly they had enough information to not allow him in. the younger brother got in so the system didn't get him where he would be deported. one may assume they actually had him under surveillance. we may find out other things. clearly we could have done a better job, the intelligence

community hats off of dhs. that is my future debates very well. before i let you you go, let me say everybody face left. left side of your face to the camera. do it all. now, the right side. not as good. i can see it on you two as well. [ laughter ] >> left is always better. you show more emotions on the left side. >> megyn i always known is left is always better. [ laughter ] >> a lot of people in america has to face the radio. >> megyn: like this. we need a little laughter. it's been a rough week. we're hearing from friends and family of these two suspects. they are suggesting that tamerian tsarnaev may have brainwashed his younger brother in helping with he is these attacks and american wife.

we'll talk to the dr. ablo about that right after the break.

>>. >> megyn: fox news alert. the surviving suspect, dzhokar tsarnaev was charged moments ago officially charged with using a weapons of mass destruction. they are now unsealing the complaint against him. so far we're seeing a write-up of it. that news comes as new questions emerge on whether his older brother tamerian may have brainwashed his younger brother to commit the crime with him. and brainwashed his american wife. this is circulate online. older brother's wife went from all american girl to devout muslim who was being controlled by a super religious husband. here a picture of her. you can see in the burka getting

out of the car. dr. keith ablo. let me start with the wife. she was just normal american girl. she married a guy who practiced islam and was a muslim, but then he changed. he became radicalized and now questions about what happened to her because suddenly she went from, i'm going to join the peace corps to a full burka and withdrawing from her friends, they say? >> there are certain people that marry and adopt the faith of their spouses and become devout in doing so. that doesn't qualify her as being brainwashed. the curious thing here the man she married who is known to have been abuse i have toward women. apparently arrested on one occasion for that and known now to have murdered people or

allegedly murdered people and to have been a terrorist allegedly. this woman chose him as her husband. megyn, every time i have looked at stories as a forensic psychiatrist. they make sense. you can't brain be wash somebody who hasn't been emptied out by life experiences. if you want to know how she, this woman, katherine russell, came to be married a terrorist. talk to her family of origin. >> megyn: her lawyer, because the f.b.i. wants too speak with her. we're told originally she did not consent, but her lawyer is speaking with them now. the lawyer says that tamerian was with her on the days before the bombing and last day he was alive. he was home with her and his wife went to work. when asked if anything seemed

amiss to her. she said not as far as i know. she did not suspect him of anything, but there was no reason to. she had been working 70-80 hours a work as a home health care aide. what is wrong with that picture? >> we don't know if that is case whether she knew more or not. if we took that as fact, there is somebody in denial of certain realities, that may wish to turn a blind eye to it. that may be extremely coerce i believe to somebody else's reality. she didn't emerge on the planet that way. if somebody found her and chose her as his wife that would do his bidding and what he wanted and not look underneath the shroud, if you will. there is reasons she turned into

that woman and it started before she met him. >> megyn: she was working 80 hours a week obviously while he was making a bomb and brainwashing of the younger brother. we'll talk about that right after the break. stand by. i'm here at my house on thanksgiving day,

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>>. >> megyn: dr. keith ablo is back. what is this notion the one that was traveling and the one that was more devout in his faith, taking to a place that was radical and extreme, they say, one of the quote brainwashing on the younger brother? how is that done? >> shear the thing. when is a religion veer into a cult. some cults we know start with one family member. other family members are

recruited into the cult. how would it happen? i would look at the younger brother's psyche. inside the mind of casey anthony how a young mother could go dancing with a minimum her daughter missing and it happened at that time she was already deceased, the young girl. similarly, he ha here a guy that goes to the gym that tweets things to boston, there is no love in the heart of the city. how can someone do that? well, we have a culture now where people are masquerading as people with all the facebooking and tweeting, it's not a good environment to stay steady in yourself. if this young boy looked up to his brother, his brother was radicalized into a cult. he is empty to begin with. he is the vessel that could potentially be recruited into a religion that had veered into

cult status. >> megyn: the older brother is seven years old. significant, and the parents had divorced. mother had returned to more radical form of islam and recruited tamerian with that. the father had been an attorney and worked as mechanic because he couldn't find the kind of work he wanted. yet the uncle of these two boys, he had troubles but he loved america and he loved it as the land of opportunity. it seems like these boys went very different way. got to run. up next former attorney general under president bush says there is enough evidence to call these bombings a case of jihad. critics are already slamming him. stay tuned. r family the very best in taste, freshness, and nutrition? it's eb. want to give them more vitamins, omega 3s, and less saturated fat? it's eb. eggland's best eggs. eb's.

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>>. >> megyn: fox news alert. one of the most iconic cities prepares to mark one week since the deadly bombings in about 50 minutes from right now. authorities have just filed charges against the suspect. i'm megyn kelly. just about 5 mw a moment of silence in boston will mark exactly one week since two explosions shattered the celebration of a patriot's day boston marathon, killing a boy and young woman and injuring

200. 48 remain in the hospital. two remain in critical condition. while investigators are hoping the surviving suspect, dzhokar tsarnaev can provide them with information on the motive behind this plot and on potentially other plots, much of that may depend on his recovery. what is said to be a serious gunshot wound as he is treated in the same hospital a as some of the bombing victims. mike tobin has the latest. >> reporter: a couple of things that have developed. one, we're hearing from federal sources what exactly clued them in to these two brothers as the primary suspects in this bombing. it came from all of the security video that is out there and all the photographs that are out there. federal source is telling our justice department producer, when the bomb went off, every one in the crowd went one way and the two bombers went one way. they reacted to the blast.

two people in the crowd who seemed to react differently. that is what raised the red flag according to federal sources. this is security video that has not been released yet. don't be confused by the video you are looking at right now. another development that has shaken things up, information that came from reports that dzhokar tsarnaev has been roused from unconsciousness and been able to communicate with investigators. that is a little poor source, coming from newspaper reports, but he has been able to provide substantive answers and some of the information would indicate that there is not a larger network in which they are connected and not a second attack along the way. the sourcing on that is not particularly the kind of thing that would give you great confidence. we are following all these developments right now. we are looking into the information that is coming out of the criminal complaints that were just filed.

a lot of that detailing the walk they took into the square up to the finish line before those bombs exploded. the first one really at 2:had the in the afternoon as the runners were crossing the finish line. men, women and children, it looks like the bombs were placed up against the metal barriers or the gates, intended to harm people. the bombs were packed with shrapnel, ball bearings, nails and things of that nature. two of them going off 13 seconds from each other. now, the charges are filed. now, we are getting more information as to what led up to those final moments when the bombs went off. >> megyn: before i let you go. have they revealed who identified the two young men after they saw the videotape that had been released on thursday night? >> reporter: that is kind of a complicated answer. the first thing they noticed was

the security video from the 7-eleven. they saw it was dzhokar tsarnaev then the carjacking victim then you had visual confirmation from the police officers as far as the chase. that is where the i.d. happened and ultimately they made a final i.d. on the older brother when he was dead. >> in terms of matching up names. what i'm wondering is, is it possible the f.b.i. agent who interviewed tamerian tsarnaev 24 months earlier may have some point on thursday evening, i think i know who that is. it sounds like you are telling me, we have no reason to believe that happened. >> i don't have any information to that effect. it does seem possible. >> megyn: okay, thank you. after learning the f.b.i. later cleared one of the two boston suspects on possible

jihadist intentions, radical ties, now we are hearing that the bureau was completely unaware of that controversial trip he took to russia. that would have taken place after they investigated him. they investigated in 2011 and he took a trip to russia in 2012. the f.b.i. had no idea about it. why not? we're getting answers and they are not very good. we'll talk about it more. and father of two bombing suspects he will travel from russia to the united states to seek justice and truth in this case. he tells the associated press he has a lot of questions for police. he planning to leave russia as early as wednesday. meantime, the mother whom he was divorced said they are working on trying to bring the body of their older son back to russia to be buried. this is family that became very divided in recent years, in part

according to the "wall street journal," based on the mother's and eldest son turn to a more devout form of islam. even before the second marathon suspect was caught, senators with warning not to link the boston bombings to reform our immigration laws. other lawmakers say there are lessons that need to be learned. immigration is an issue that has dramatic economic effect on americans. it has national security implications. >> i'm afraid we'll rush to judgment relative to immigration and how it is processed. let's do it rational way. >> we are talks months and not

years. >> so chris, i want to start with this, we had simon rosenberg about half an hour ago. he said look, the system worked in this case when it comes to our immigration system because they denied the older brother citizenship based on the fact that the f.b.i. had sbustd him. i said i hadn't heard that. he said, yes, it's true. i had heard they delayed a decision on it while they looked into that and his domestic violence charge. he, i believe, was based on the "new york times" reported that says the department of homeland security is claiming it was the f.b.i. interview of him in 2011 that led them to not grant his application for american citizenship. if that is the case, dhs has yet officially to come out with it. this is the argument on the other side. they are going to say the system

worked and system will continue working and as the gang of eight is saying today, it will only enhance our security further to know exactly who is? the country, who is not in the country and shore up these records on a go forward basis. that is their argument why the immigration reform should take place notwithstanding what happened last week? >> sure. it's more than credible argument. when you remind people and we say this in 2007 when there was an effort at bipartisan immigration reform. national security concerns especially as it relates to terrorism and specifically as it relates to concerns about islamist militants cause people to have serious pause when it comes to changing the rules. even if the system worked in this circumstance, the concern is about enforcement, about porous borders and the gang of eight, senators, mccain and

schumer, a big part is border security and identifying the individuals that are here in doing this. it also comes as whether you want to call it amnesty or legalization or whatever your term of art is, it comes with this. it creates anxiety for a lot of people. because not all 11 million people will be subject an f.b.i. background screening. >> megyn: dzhokar tsarnaev who did not raise the red flag with the f.b.i. other he was a family member and who was granted citizenship. this is the man we're looking at right now they say placed the bomb next to the little eight-year-old boy martin. he was granted citizenship in a terrible twist in this case on 9/11 of last year. 9/11 he takes an oath to protect

and defend our constitution. within a year and a half later he is planning a terrorist attack and 19 months later he is carrying it out. that is the argument on the other side. >> yep, what is happening labor unions specifically they got a raw deal in this thing. as usually is the case inside the democratic coalition, they usually eat last, they don't like the legislation if they start to see rebellion on the right as conservatives say, i don't want to do this. this is too risky, terrorism, you will see labor unions start to break away. senators like barack obama killed immigration reform at the behest of labor unions and that could happen again. >> megyn: so some people will use it an excuse to push forward and agenda. so you think immigration reform, how much trouble is it in right now? >> it is looking a little toasty today. they have survived this gauntlet

marco rubio has proved to be a very able spokesman when talking to conservatives. museum iser and graham talking about it over the weekend, that doesn't help his case but senator rubio may get out there and may drag something over the finish line but it will tougher now. >> megyn: all right. chris, thank you. >> an i've opening wall street journal report suggesting he was increasingly wrapped up in the faith in the months before last week's attacks. we will debate the role a religion a radicalized form may or may not have played in this case. we will ask an expert how terrorists, two young men by all accounts were relatively normal kids became radicalized in the first place. we'll take a closer look what the f.b.i. did or did not do on

the tips it received on the older brother and claims the american intel community dropped the ball here. one of two things, the f.b.i. dropped the ball or the system doesn't allow the f.b.i. to follow this guy in an appropriate fashion. we went out and asked people a simple question: how old is the oldest person you've known? we gave people a sticker and had them show us. we learned a lot of us have known someone who's lived well into their 90s. and that's a great thing. but even though we're living longer,

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the two victims are expected to survive. as we learn more about the boston bombing suspects. one question is whether and to what extent religion played a role in inspiring these attacks. there are reports that tamerian tsarnaev the older brother that died after shootout was kidding out of his local mosque after a rage filled rant. but his increasing strict religious beliefs that were shared by his mother to some extent may have split his own family in two. scott is author of "talking to the enemy," this is a guy who worked in official capacity going over investigating the madrid bombings and knows a thing or two about home-grown terrorists are radicalized. i want to start with this report of the journal that older one was going to a mosque and got kicked out or may have been

threatened to get kick out. he there is islamic grocery store that mentioned about july 4th and gave him a hard time. more and more he was becoming radicalized and more devout to put it nicely but radicalized is where i went. how and is that consistent with your profile of a home-grown terrorist? >> sure. that is almost always the case. you have these disaffected young men, mostly are from --. >> megyn: they left their community. >> they are in between jobs or girlfriends and looking for companions and immigrants, emerging adults and try to figure out what to do in life. life isn't treating them right. they are looking for a cause and significant adventure something to give them meaning.

they usually join the sort of protest movement against the perceived global attack on islam. they get into it through the media through the social media and internet. then they start especially if they go to the mosque they yell at the imam and after the readings, they say put up or shut up. >> megyn: you would have said this yesterday. >> lead bombing in madrid, they expelled him from the mosque. they started telling the imam we have to act and do something. they expelled him. they go into a parallel universe and draw in who they can from their family, about 10-20% of them. they hunker down and they are not cells. they bounce off ideas one another and come out of cocoon to look to do something.

but they don't have any contingent planning. >> megyn: this is disturbingly odd point based on what we know about tamerian tsarnaev. they cut ties with companions. this guy had been a promising young boxer. he got rid of that. he stopped doing that. his father was very disappointed and he became more introverted. >> we find a lot of people buy into these religious ideas. polls show about 7% of muslims, hundred million people, minority buy into it but very few act and commit violence. best predictor whether they are going to act or not is whether they are action orientated guys or action orientated sports groups or wrestlers or soccer groups or madrid and bin laden had his own soccer team. they are young and youthful. it's pretty much par for the

course. >> megyn: i want to ask you this on the subject of the f.b.i. they looked into tamerian tsarnaev in 2011. they didn't see anything particular concerning. that was that. i mean, knowing what you know if you had been assigned to monitor this guy and he withdrew from a promising boxing career. he starts getting loud at the mosques and thrown out of mosques or threatened to be thrown out. he goes to russia for six months. he is starting to pray five times a day and more and more religious. alarm bells? >> yeah, we work under this thing department of defense and send people around the world looking for this. what we usually find, especially in muslim countries, the way muslim intelligence authorities figure out what is going on, they look who is going to the mosque.

that is the first sign because they have been expelled. we monitor charter flights. people go back to visit a relative. they hook up with a friend of a friend. they may get a little instruction or motivation but it's usually some jihad group but the guys are saying, go home. you really can't do anything in yemen or chechnya. go home and blow something up. cause havoc. it will be blown up by the media. measures will terrorize themselves. >> megyn: i hope the f.b.i. is talking to you. you seem to know what you are talking about. fox alert, this is significant now, canadian police and intel agencies are set to announce multiple arrests after thwarted go what they describe is a major terrorist attack. that is quote. sources tell fox news that the suspects had been arrested for plotting a major attack and that

new york city may have been one of the targets. we are told that there is no current threat to new york. we do not yet know how this was going to be pulled off. there is supposed to be an announcement. this is breaking news. live report next. [ male announcer ] this is betsy.

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>>. >> megyn: fox news alert. we are following breaking news right now involving arrests over a possible terror attack. canadian police and intel agencies are set to announce multiple arrests after breaking up what they described as a major terrorist attack including on targets in the united states. sources tell fox news the suspects have been arrested for plotting a major attack and that new york city may have been one of the targets. there is no current threat to new york.

we don't know how it was expected to be pulled off, what the exact plot was but the news is breaking and katherine should be here shortly. we'll bring you more details as we get them. initial reports so far are saying this terror plot is not linked to the boston terror plot we've been dealing here for a week. we'll wait to learn more from the authorities. >> megyn: signs progress of a boston police officer badly wounded in that bombing. 33-year-old richard done oh hue remains in critical condition. he lost nearly all of the blood in his body according to the authorities after a single bullet ruptured major blood vessels in his right leg. trace gallagher has the details.

>> reporter: in fact. >> he lost so much blood the officer actually died for a short time. his heart stopped. it took 45 minutes to get his heart beating again. what happened is done oh hue had gotten out of his cruiser and was shooting at the cruiser. when the other officers withstood of barrage of explosions until he could move no more. here is donohue's brother. >> as a brother, a fellow officer and as an american. i cannot describe i have a pride how dick and other emergency personnel accounted early friday morning. >> reporter: one of the other officers in the barrage was a friend of richard donohue. his name was shawn collier. they say donohue was close the dying himself, but they believe he will make a full recovery.

listen now to the police chief. >> earlier this morning, dick opened his eyes and was able to move his hands and feet. most importantly squeeze his right hand on command. >> reporter: that is great news foos for the family. richard donohue has a six-month-old baby. >> he reportedly said she is going to make him sandwiches for life if and when he pulls out of this. >> and break-up of a major terror attack in the planning. f.b.i. and canadian authorities are saying that new york city may have been one of the targets. a live report is next. it comes at the same time as the former attorney general of the united states offers a big warning for this big warning for this country the work are major

jihadists. that former attorney general joins me live to respond. one two of the bombing suspects was interviewed by the f.b.i. only to be cleared of any suspicion. did the feds drop the ball here? we'll get into this and news is just breaking, right after the break.

>>. >> megyn: back to breaking news about arrests a that a possible

terror attack that we are told is unrelated to what happened in boston. they are about to announce multiple arrests as what they are describing as a major attack. the suspects have been arrested for plotting this major attack. new york city may have been one of the targets. our chief correspondent james rosen is live on the breaking details. >> reporter: good afternoon. law enforcement sources have confirmed to fox news that what they are calling a major terrorist plot possibly to have involved new york city as target has been disrupted. this is joint investigation between u.s. authorities and canadian officials. we will learn more shortly from a canadian news conference. we are also told right now to put new yorkers at ease, if that is possible, there is no current credible threat to new york city to worry about. again, we confirm through law enforcement sources that a major terrorist plot has been disrupted.

that there have been multiple arrests made by canadian authorities. that new york city may have been one of the intended targets. among the canadian lay enforcement and national security services that have been involved in disrupting this apparent plot is royal canadian mounted police and also the canadian security intelligence services and the canada border service agencies. apparently they have been working on it jointly. we will hear from canadian sources. no credible threat to new york city but confirming to us that a major terrorist plot has been disrupted with the assistance of the canadians and that new york city was perhaps one of the targets. >> megyn: all right. thank you. we're going to have a discussion with the former attorney general of united

states is whether we are under a jihadist threat. this is controversial statement. he'll be here to respond. even as that story unfolds, about whether the f.b.i. dropped the ball whether when it came to these boston marathon bombing attacks. here is james carney. >> the f.b.i. has spoken about this and put out a statement. it is clear from that the f.b.i. followed up on the information it received about tamerian tsarnaev, the older brother. they investigated it thoroughly and they did not find terrorist activity, domestic or foreign. >> megyn: mark fuhrman a fox news contributor and a deputy assistant director of counterterrorism at f.b.i. also the author of "hount go the american terrorists." most of our viewers were not

probably watching whether the f.b.i. dropped the ball. you believe the answer is yes. so i want to start with you, terry because mark raised good questions and other questions have been raised by many others whether the f.b.i. should have known about in particular tamerian tsarnaev. there are reports that he visited this known radical islamist mosque when he went over to russia or the region. i believe prior to the 2011 investigation of him. my information these were some of the things that caused russia to say, you might want to check him out. he went back to russia for six months back in 2012. whether you believe the f.b.i. should or could have done more? >> first of all, i don't believe the f.b.i. dropped the ball at all. i have great respect for mark. mark and i have been in the hot

seat before. we know what kinds of issues arise in these situations. f.b.i.g i could at the time. that is very important. when all the dust settles we have to be careful about adding two plus two and get 18. we're not going to learn from this. this attack and headline you just had is putting right in the world of terror that f.b.i. faces every day. it's very important that we keep these cases separate and very important that we don't mix facts, fiction and theory and make conclusions. i'll stop for a second by saying this. keep in mind that with all the information that is out there today, right now we as the public and mark and i and the media, we have about this much information about an inch of information on a scale of about ten feet. all of this is going to come out. we're going to have plenty of opportunity to find out exactly what we're dealing with and what

mistakes were made if any. right now the f.b.i. under statutory authority conducted an investigation, a preliminary inquiry in 2011 and 2012. the case was taken all the way to an interview. once the interview concluded, there was an assessment made as there are thousands of times a day in america that this person didn't pose a threat. he may have been talking, maybe or maybe not. he was not a threat and he was not a threat to do the terrible things he ended up doing. after that we have no authority to keep the case open. here is the problem. back in 1960s and 1970s, in the aftermath of watergate, the f.b.i. had a domestic security division. we could take something like this and actually continue collecting. if you continue collecting you probably would come across what happened later which was this man's travel. we don't have that authority anymore. we don't have the statutory authority. we don't have the legal authority.

we don't have a domestic security division. >> megyn: that is what lindsay graham was saying earlier today. i want to get, terry, my apologies. i need to get to both of you. senator graham was saying earlier, f.b.i. dropped the ball or we need to change the laws. go ahead, mark. >> apples and oranges. you know, terry didn't say anything that was untruthful. they did exactly what they were asked to do back in 2011. f.b.i. conducted the interviews. whatever level of interview and experience the agent was, he concluded there was no information that would go forward to pose a terrorist threat. that being said, we had the information and the reason to do the interview. there is an entire section in the patriot act for sharing intelligence with local law enforcement agencies. that is the first question. did boston pd know this

information and know that this person was interviewed? answer is no. second, exactly where is the f.b.i. agent that did this interview? has he disappeared from the planet? is he in the boston office? was he involved in the task force? did he see the photographs? did he get involved in this at all? did he know there was a bombing? did he come forward and say i interviewed a guy in boston that is russians thought was a jihad radical. how many times did russia send a clue about a jihadist extremist in boston? where is the information? >> megyn: that is the question i have for you. even if you give the f.b.i. a pass on 2012, when boston gets bombed, that f.b.i. agent sat down with tamerian tsarnaev 18 months earlier, 24 months earlier. how did they not go knock on his door and when they see the

photos, that is the guy we talked to? >> that is good question. let me say something to you. we don't know what happened. we don't know if they were not talking about that during the week. >> megyn: but we know -- >> we do know because the f.b.i. has come out and said they didn't know. the police commissioner in boston said they had no idea of the identity of these two before the pictures went out to the public. >> megyn: let me give terry the last word on that. >> again, two things: keep in mind this law came out and a we will know the truth and the specifics. i want to throw something else out the we are rushing around to talk about basically throwing out the rule of law to deal with this type of situation. i'm going to tell you right now, i think when it's all said and done is going to be two guys who are essentially home-grown loners and terrorists who are much more like the washington,

d.c. snipers in their psychological relationship than they are in some kind of al-qaeda connection. i want to go back to something that mark mentioned. it would not all be surprising that the agents who talked to tamerian may not have been on the jtf and you may not during a day or month or year before a bombing like this every bring that together. so it takes a lot of time. >> megyn: clearly they didn't. quickly because we're coming up against a hard break. i got to have mark last word. >> megyn, 30 years ago we could write down a clue and put it into a database and you put any kind of things into that and it will pop out. i'm not buying that. that is nothing but an excuse. if you do it, document it and then be able to retrieve it or you are not doing anything at

all. >> what you said is outrageous about people that were doing their job. >> megyn: i wish i could continue. i got to for. we have the former attorney general standing by. more coming up.

>>. >> megyn: wanted to let you know we are four minutes away from a moment of silence that in honor of victims who were killed and maimed, seven days ago exactly as of 2:50. i'm joined by former attorney general michael mukasey who is offering a major warning for americans. it seems these bombings were undeniable terrorist attack. good to see you. let's call it was jihad and push back on you are rushing to judgment. your thoughts?

>> rushing to judgment? i don't think to stand around and not draw conclusions and wait for conclusions to jump on me. the jihadi information is on the websites. the fact is this man became heavily involved with islam before this happened. i don't think you have to wait for a lot of clues in order to realize that is what happened. >> megyn: hour president says we have a war on al-qaeda and not a war on terror? >> that is ridiculous. >> how is that important distinction? >> we are not fighting a motorcycle gang with the name al-qaeda and once we bet them we have won the war. this is ideologically based war that unfortunately emerges from a religion. we need to deal successfully with it. >> megyn: is it endangering us? >> i think it does.

the underwear bomber, fort hood, fort dix. you had a recruiter killed in arkansas. you had the new york city subways. one after another, after another. what duz it take? it took success and even with success there is no acknowledgement. >> megyn: what do you make of theory they are two lone wolves but they got together with the pressure cookers and did what they were going to do without any outside direction? >> you don't put together that number of weapons which work and get to set them off simultaneously without a lot of help. you don't put together that much arm ray without a lot of help. they were focused on a task that involves a suicide operation without a lot of spiritual support. >> megyn: what about the decision by the administration

to mirandize this guy and take advantage of the public safety exception and then he will be tried in federal court? >> the public safety exception doesn't apply here. public safety arose when there was a robbery in a supermarket and cops got there. he had an empty holster they gave him miranda rights. there is no imminent obvious threat. the public safety exception doesn't apply. it's not necessary because the only sanction for not giving miranda warnings you don't get to use his admissions. we don't need thinks admissions. you got his tape and admission to the carjacker that that was involved. >> megyn: it's much ado about nothing? >> as far as enemy combatant status, we don't know if he affiliated about the authorization of military force. secondly, the fact is we go in

an and interrogate him to get national security information. >> megyn: thank you very much. an important moment happening in seconds. exactly one week since the boston marathon bombings. about who to hire

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>>. >> megyn: moment of silence, moments ago being observed by bostonians, by their mayor and governor and by our president and u.s. senate and congress as we take a moment to remember the three who were killed and the nearly 200 others who were maimed or wounded last monday. former attorney general michael mukasey is back with me now. i want to ask you about the criminal complaint against the living suspect. the main charge so far, two

charges, conspiring to use a weapon of mass destruction resulting in death and malicious destruction of property by means of an explosive device? >> also resulting in death. it's criminal complaint is not an indictment. this essentially starts the clock running. government has certain amount of time to indict him unless an agreement by the defendant to extend it. >> megyn: is this a death penalty charge? >> yes. >> megyn: do you have any doubt this will be a death penalty case? >> it's up to the attorney general. i can't believe it wouldn't be. they wouldn't seek it. this is poster case for the death penalty. >> megyn: thank you for being here. we'll be right back. i was cooking dinner for my family.

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